CASE STUDY

While Massachusetts Towns Must Make Room for Battery Parks, New York Towns Pause or Ban Them

While Massachusetts Towns Must Make Room for Battery Parks, New York Towns Pause or Ban Them

Battery parks store power for the grid, and every town decides where they can go. In Massachusetts, towns must take permit applications for them from October 1, 2026, and a town ban was already struck down. In New York, towns are pausing them, and on August 26, 2026 the City of Rome banned them in every zone. Both directions are written down in the towns’ own minutes.

The question

A battery park is a row of big battery boxes. They fill up with power from the grid and send it back when people need it most. Power companies want more of them. Neighbors and fire chiefs worry about fires. Each town decides where they can go, or if they can go at all, and that choice is written down.

Two states, opposite directions

Massachusetts towns have to make room. New York towns pause or ban.

In Massachusetts, a town cannot just say no. In 2023 the state Attorney General struck down Wendell’s ban on battery parks, because the town’s record lacked “articulated evidence of public health, safety or welfare concerns sufficient to justify the prohibition.” Foley Hoag, April 4, 2023: the Attorney General on Wendell's ban

New state rules go further. For smaller projects, towns “must begin accepting” one combined permit application “no later than October 1, 2026.” A town that has not decided within 12 months loses the say: “the project receives constructive approval.” Foley Hoag, June 2026: the new Massachusetts siting rules

New York has no rule like that, and its towns are using the time. Batavia’s pause points to “fires at three different BESS facilities in the State of New York since May 2023.” City Council minutes, April 13, 2026

Allowedin the industrial zone, no special permit needed
Swansea, Massachusetts
PLAN
Mar 16, 2026
The town planner told the Planning Board the state “is pushing very hard for Battery Energy Storage which would be protected under the Dover Amendment as a protected use.” The board agreed to keep big batteries in the Manufacturing district. The same night it approved, unanimously, the site plan for a solar and battery project at 0 Old Warren Road. Planning Board minutes, March 16, 2026
HEARING
Apr 6, 2026
The planner explained why a bylaw was needed at all: without one, “Commercial Battery Energy Storage Systems would be allowed as a matter of right by the Building Commissioner.” He wrote it with the Fire Chief, who “felt that this was a good way to limit the location of battery storage.” The board voted unanimously to send it to town meeting. Planning Board minutes, April 6, 2026
ON THE WARRANT
May 6, 2026
Article 26, recommended 12-0 by the finance committee: battery parks are barred “in all zoning districts except for the Manufacturing District, where they are allowed as of right,” with batteries set back at least 200 feet from every lot line. Advisory & Finance Committee packet, May 6, 2026
Bannedin every zoning district, from Aug 26, 2026
Rome, New York
PAUSE
Jun 2, 2026
At a hearing on a six-month pause, the Planning Board voted 4-0-1 to ask the council to leave out home batteries and to weigh “battery type, battery size, inclusion of fire suppression systems” in any later law. Planning Board minutes, June 2, 2026
PROPOSED
Jun 10, 2026
Two councilors brought an ordinance to ban battery parks in the city outright. The council tabled it, twice. Common Council proceedings, August 26, 2026
PLANNING BOARD
Aug 11, 2026
The Planning Board voted 3-0 to recommend the council reject the ban. Its chair: “Regulate the impacts and address the concerns – don’t ban the existence of a class of projects.” Planning Board minutes, August 11, 2026
VOTE
Aug 26, 2026
The Common Council adopted the ban 5-0, two councilors excused: battery parks “shall be prohibited from being sited, established or constructed in all zoning districts in the City of Rome.” Common Council proceedings, August 26, 2026
AFTER
Sep 1, 2026
A 4.97 MW battery project at 600 Canal Street, already before the Planning Board, stayed on the table “due to the recently passed prohibition” while lawyers review it. Planning Board minutes, September 1, 2026

Swansea’s town meeting vote on Article 26 was not in the town records we read as of October 16, 2026.

Where it is on record now

Lysander, New York

Large battery parks have been on pause for about two and a half years. On June 18, 2026 the Town Board extended the pause to December 19, 2026. The town engineer raised fire risk, since fire protection in the town comes “primarily by volunteer fire departments.”

Source: Town Board minutes, June 18, 2026

Alfred, New York

On July 9, 2026 the Town Board approved a 12-month pause on large battery parks, 5-0. The supervisor said the Planning Board will write laws “as restrictive as possible to protect the Town in regards to Data Centers and Battery storage.”

Source: Town Board minutes, June 11, 2026 · Town Board minutes, July 9, 2026

Glen Cove, New York

The city’s one-year pause from 2025 now runs to April 28, 2027. Building a battery park in the meantime carries a fine of “one thousand ($1,000) dollars for each day each violation exists.”

Source: City Council minutes, April 14, 2026

Batavia, New York

On April 13, 2026 the City Council voted 7-0 for a six-month pause on battery storage permits, to study fire safety, gas leaks and how close they may sit to homes.

Source: City Council minutes, April 13, 2026

Groton, Massachusetts

The town’s own electric department wants town land at 600 Cow Pond Brook Road for a battery, a placeholder article on the town meeting warrant. The same review lists the state permit rules that “take effect statewide on October 1, 2026.”

Source: Select Board minutes, August 31, 2026

Grand County, Colorado

The county has a pause on large commercial solar. On September 1, 2026 the commissioners let the local electric co-op build a battery anyway, unanimously, once it gets a special use permit. The minutes say the pause was meant for solar farms “impacting view corridors, not utility battery projects.”

Source: Board of Commissioners minutes, September 1, 2026

+More towns on the record

Pauses end on a date. The New York towns above say in their minutes what they plan to write before theirs run out.

Why it matters

Where a battery park can go is decided one town at a time, and the answer flips at the state line. Developers, power companies, equipment makers, fire safety firms and the engineers who draw the site plans all live with those decisions, and each one sits in a town’s minutes months before anything gets built. Tell us your market in the box below, and we will look for it there.

METHODOLOGY: Every town example above comes from the town’s own record, linked beside it. Agendas, packets and warrants show what was proposed; we say adopted or voted only where minutes or council proceedings show it. The two lines on Massachusetts state law come from the law firm pages linked beside them.

GET IN TOUCH

What would this look like for you?

We'll show you what the record says about it, as a one-time deep dive or an ongoing service. Your first consultation is free.

Get in touch See how we work with you